ASA Adjudication on PKR Ltd

Ad

A TV ad, for a gaming website, showed a computer-generated image of a poker room. A number of players sat around a poker table; the ad focused on one of the players, a smartly dressed man. A voice-over stated "I've come in over the top of pot-sized raises with middle pair. Bluffed under the gun with four runners behind me. Folded pocket Kings on a hunch. I've survived bad beats, sick draws and cold decks." The character was shown laughing and pushing a large stack of chips into the middle of the table. The voice-over continued "And I've played through fields of thousands to make the final table. Here I come." The PKR logo and website address were shown on-screen. The end-shot featured the text "let's play" and the "gambleaware" website address.

Issue

The complainant challenged whether the ad:

1. was irresponsible, because it glamorised the risks involved in gambling and implied that it was possible to win against the odds, and

2. was likely to be of particular appeal to young people and exploit their aspirations and credulity.

3. The ASA challenged whether the ad suggested that gambling was a way to gain recognition or admiration.

BCAP TV Code

Response

PKR said they took their social responsibilities seriously, supported the work of the Gambling Commission and were certified by Gamcare.

1. & 3. PKR said their site allowed players to create their own avatar, or virtual life persona and explained that the ad was intended to show the standard features of their site by showing a poker game featuring the avatar of a typical, experienced poker player.  PKR said the depiction of the avatar was not intended to play upon viewers' perceptions of how a tough, resilient or reckless gambler would look, nor did anything relating to the avatar suggest a link between gambling and the improvement of self-esteem or self-image.  They pointed out that the avatar was not shown as revered by the other characters and there was therefore no suggestion that gambling could increase social status. While they acknowledged that the avatar spoke well, was smartly dressed and had a good knowledge of poker, they stated, again, that those characteristics did not amount to a glamorisation of gambling.  The avatar was not depicted as reckless, through his words, actions or demeanour and was not encouraging behaviour that could lead to emotional, social or financial harm.  PKR pointed out that the voice-over of the ad talked in an even and balanced tone that talked equally about winning and losing; it did not refer to cash stakes or cash winnings.  They therefore believed it was a realistic depiction of the gaming opportunities offered by the site but did not give the impression that players would benefit financially by playing there.  PKR added that their website offered various options for its users, including the option to play other than for real money.

2. PKR said they ensured that the computer-generated characters in the ad appeared to be aged 25 years or over and were not intended to appeal to a young audience.  Moreover, they believed the features of the main character were carefully selected to attract an adult audience and, as he was not associated with any features of youth culture, he was unlikely to be viewed as an aspirational figure by children or young people.  PKR believed the use of computer generated imagery was unlikely to make the ad appeal more to children or young people.  They pointed out that the ad used poker terminology which was unlikely to be understood by children or young people and could therefore not be said to appeal to them or exploit their susceptibilities.  PKR added that the language was adult in tone and clearly targeted existing poker players.  They said the ad was shown after 9 pm to minimise its exposure to children.

Clearcast endorsed PKR's response and believed the ad complied with the Code.  They considered that the footage was restrained and thought the poker expressions used would be meaningless to non-poker players; it therefore clearly targeted adult gamers.  Clearcast concluded that the ad was unlikely to be of particular appeal to children or young people.

Assessment

1. Upheld

The ASA noted PKR's comments and those of Clearcast.  We noted the ad used poker terminology and understood that the phrases used referred to winning as well as losing and therefore arguably gave a realistic depiction of gambling, rather than a glamorous one.  We nevertheless considered that the meaning of those phrases was not likely to be understood by most viewers.  We noted the main character stated "Ive played through fields of thousands to make the final table" which could be seen to imply resilience or toughness.  We considered that the ad gave the impression that it was acceptable to take risks "on a hunch" and implied that poker could be played in a reckless way; we noted the character was shown laughing as he pushed all his chips to the centre of the table.  We concluded that the ad could be seen to glamorise the risks involved with gambling and was therefore irresponsible.

On this point, the ad breached CAP (Broadcast) TV Advertising Standards Code rules 11.10.1(a) (Gambling) and (h) (Gambling).  

2. Not upheld

We noted, for the purposes of the gambling section of the Code, "young people" were regarded as those aged 16 or 17 years and "children" were aged 15 years and under.  We also noted the ad had been given a scheduling restriction which prevented it from being transmitted in or adjacent to childrens programmes or programmes commissioned for, principally directed at or likely to appeal particularly to audiences below the age of 18 and had been broadcast after 9 pm to further minimise the chance of it being seen by children.

We noted the ad depicted a typical poker game on the PKR site, which allowed players to design an avatar that would become their online persona.  We considered that the computer-generated nature of the ad might appeal to some young people and older children but considered that it was unlikely to be of particular appeal.  We noted the ad made no associations with youth culture; we noted the music featured in the ad was non-descript, the characters were featured in an adult environment and the main character spoke using poker terminology unlikely to be understood or to appeal to young people or children.  We noted the main character was smartly dressed and was not shown in young fashionable clothing and was therefore, overall, unlikely to be viewed as an aspirational figure.  We concluded that the ad was unlikely to be of particular appeal to young people and was unlikely to exploit their aspirations or credulity.

On this point, we investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 11.10.2(a) and (b) (Gambling) but did not find it in breach.

3. Not upheld

We noted the main character merely recounted to the viewer tales of his successes and failures at the poker table and was not depicted as being admired or revered by the other players.  Indeed, we also noted it was not clear whether he had won or lost the game of poker depicted in the ad; he was not shown collecting or spending his winnings.  We concluded that the ad did not imply that gambling was a way to gain recognition or admiration.

On this point, we investigated the ad under CAP (Broadcast) TV Advertising Standards Code rule 11.10.1 (f) (Gambling) but did not find it in breach.

Action

The ad must not be broadcast again in its current form.

Adjudication of the ASA Council (Broadcast)